150 A. 819 | R.I. | 1930
This bill in equity is brought by the executor of the will of Mary J. Kennedy, late of East Providence, praying for instructions relative to his duty under the fourth clause of said will. All of the interested parties have been made respondents.
The cause being ready for hearing for final decree has been certified by the Superior Court to this court for determination as required by § 4968, General Laws, 1923.
By the fourth clause of her will the testatrix gave and bequeathed "to Mrs. Maria Hurley of East Providence, her heirs, administrators and assigns, the sum of Five Hundred ($500) Dollars in trust however, said money to be used until the fund is exhausted in the purchasing of flowers which I hereby direct my executor shall place every year at Easter, Decoration Day and Christmas upon my grave." The question has arisen as to the validity of the trust created by this clause, — the trustee contending that it is valid and the residuary legatee claiming that it is void on account of violating the rule against perpetuities. The court will carry into effect the intention of the testatrix if it can be done without violence to established rules of law. *52
The clause in question creates a private trust and not a charitable one. We have frequently held that a private trust to insure the care of testator's own burial lot is invalid as being contrary to the rule against perpetuities. Kelly v. Nichols,
The trustee argues that she could exhaust the $500 by purchasing flowers within seven years. A trustee is required to exercise prudence in the management and expenditure of a trust fund. Peckham et al v. Newton et al.,
Our determination is that for the reasons stated said fourth clause is void.
On June 24, 1930, at 9 o'clock, a.m., Standard time, the parties may present to this court a form of decree in accordance with this opinion to be entered in the Superior Court.